HomeMy WebLinkAbout2023-06 Canal Trail Grant AwardRESOLUTION Zv 2 3 - o in
WHEREAS, the Idaho Transportation Department, hereafter called the STATE,
has submitted an Agreement stating obligations of the STATE and the CITY OF
CHUBBUCK, hereafter called the CITY, for development of Chubbuck Canal Trail;
Philbin To Hawthorne; and
WHEREAS, the STATE is responsible for obtaining compliance with laws,
standards and procedural policies in the development, construction and maintenance of
improvements made to the Federal -aid Highway System when there is federal
participation in the costs; and
WHEREAS, certain functions to be performed by the STATE involve the
expenditure of funds as set forth in the Agreement; and
WHEREAS, The STATE can only pay for work associated with the State
Highway system; and
WHEREAS, the CITY is fully responsible for its share of project costs; and
NOW, THEREFORE, BE IT RESOLVED:
That the Agreement for Federal Aid Highway Project A023(906) is hereby
approved.
2. That the Mayor and the City Clerk are hereby authorized to execute the
Agreement on behalf of the CITY.
3. That duly certified copies of the Resolution shall be furnished to the Idaho
Transportation Department.
CERTIFICATION
I hereby certify that the above is a true copy of a Resolution passed at a regular, duly
called special (X -out non -applicable term) meeting of the City Council, City of
Chubbuck, held on Z 3 .
1�Clerk
TAP STATE/LOCAL AGREEMENT
(DESIGN AND CONSTRUCTION)
PROJECT NO. A023(906)
CHUBBUCK CANAL TRAIL
KEY NO. 23906
PARTIES
THIS AGREEMENT is made and entered into this Z1 s� day of
J �—� #__ , 2d 2 , by and between. the IDAHO TRANSPORTATION
DEPARTMENT, hereafter called the State and the CITY OF CHUBBUCK, acting by and
through its MAYOR AND COUNCIL, hereafter called the Sponsor.
PURPOSE
The Sponsor has requested funding under the Transportation Alternatives (TAP) Program
as detailed in the project Application, a copy of which is attached as Exhibit A. The purpose of
this Agreement is to set out the terms and conditions necessary to obtain Federal -aid participation
in the work.
The Sponsor acknowledges that this Agreement covers a project wherein federal aid funds
will be allocated, and Sponsor will comply with the requirements of 23 U.S.C. §313, 23 CFR
§635.410, and 28 CFR Part Il.
NOTE: The Sponsor is responsible for complying with all project requirements and project
administration procedures outlined in the Transportation Alternatives Program Manual
available at http://apps.itd.idaho.gov/apps/manuals/manualsonline.html .
Since certain functions under this Agreement are to be performed by the State, involving
the expenditure of funds, and since the State can only pay for work associated with the State
Highway System, the Sponsor is Rtlly responsible for all costs related to the project for work off
the State Highway System.
Authority for this Agreement is established by Section 40-317 of the Idaho Code.
The Parties agree as follows:
SECTION I. GENERAL
This Agreement is entered into for the purpose of complying with certain provisions
of the Federal -Aid Highway Act, in obtaining federal participation in the design
and construction of the project.
TAP StatelLocal Agreement
Chubbuck Canal Trail
Key No. 23906
Page 1
2. Federal participation in the costs of the project will be governed by the applicable
sections of Title 23 U.S. Code (Highways) and rules and regulations prescribed or
promulgated by the Federal Highway Administration, including, but not limited to,
the requirements of 23 U.S.C. §313, 23 CFR §635.410, and 28 CFR Part Ii.
Funds owed by the Sponsor shall be remitted to the State through the ITD payment
portal at: hapsJ/appv.itd.idaho.gov/PayITD.
4. Federal participation in the project is at the rate of 92.66%; local participation is
7.34%. The maximum Federal -aid for this project is $478,126.
5. Scheduled funding for this project is listed on the approved Idaho Transportation
Investment Program, and subsequent revisions. Current estimated funding is as
follows:
a. Project Development (State, Consultant, Local) — $77,000
PE -$15,000 PC -$53,000
b. Construction — $448,000
CE -$50,000 CN -$398,000
C. Total Estimated Project Costs - $516,000
6. The Sponsor's match for this project will be provided in cash in the amount of 7.34
percent of the entire project (currently $37,874).
7. This project shall be designed to State Standards as defined in the current version
of the Idaho Transportation Department's Roadway Design Manual, or as
subsequently revised. The current version of the Roadway Design Manual can be
viewed at the following web site:
http://itd.idaho.gov/mativals/ManualsOnIiiie.htinl .
SECTION Il. That the Sponsor shall:
Provide a funding match of 7.34% of the Total Estimated Project Costs of
$516,000, and assume responsibility for all costs of the project over and above the
federal -aid limit noted in Section. I, Paragraph 4 above.
2. Pay to the State the sum of FOUR THOUSAND DOLLARS ($4,000), estimated
to be the total expense to the State for this project. This amount will be applied
towards the Sponsor's match. Upon project completion, if the estimated expense
does not reflect the true cost of the work performed by the State, the Sponsor shall
remit to the State the additional sum needed to cover the actual costs incurred by
the State.
TAP State/Local Agreement
Chubbuck Canal Trail
Key No. 23906
Page 2
3. Designate an authorized representative to act on the Sponsor's behalf. That
authorized representative's name is GC6_&o✓1
Phone No. (2o$) 239- 320-7
4. With the assistance of the State, secure the services of a consultant to design the
project, and provide a copy of the project plans, specifications and estimate to the
State for review and approval.
5. Before advertisement for bids, provide to the State a certification that all rights-of-
way, easements, permits, materials sources, and agreements necessary for the
constriction and maintenance of the project have been acquired. The Sponsor will
also certify that the contract proposal includes FHWA Form 1273 (Federal -aid
Contract Provisions), and will provide an environmental determination in
accordance with 23CFR 771.117.
b. Before advertisement for bids, provide to the State for review and approval a copy
of the Contract Proposal form, Notice to Contractors, and construction plans,
specifications and estimate. After the project is advertised for bids, provide the
State with a copy of the bidding documents.
7. Advertise for the construction of the project, open bids, prepare a contract estimate
of cost based on the successful low bid in accordance with State laws on
procurement procedures for local governments, and request State concurrence prior
to award.
8. Award a contract for construction of the project based on the successful low bid,
and provide the State a copy of the contract.
9. During construction of the project, Sponsor will provide a project manager and staff
to administer and inspect the project, and to provide inspection diaries and support
to the State's Engineer. The individuals who will be performing inspection or
certifying the sampling and testing results of any materials must be qualified in the
appropriate inspector/sampler/tester area as identified in Memo 17B in the
Transportation Alternatives Program Manual.
10. The Sponsor shall prepare all monthly and final contract estimates and change
orders, and submit all major change orders to the State for approval. During the life
of the constriction contract, prior approval of the State will be obtained if it is
necessary to deviate from the plans and specifications to such a degree that the
nature of the completed work is significantly changed.
11. In cooperation with the State, establish and cause to be maintained all construction
traffic controls deemed necessary to best serve the public interests and to expedite
the work in accordance with the MUTCD.
TAP 5tatelLocalAgreement
Chubbuck Canal Trail
Key No. 23906
Page 3
12. At no cost to the federal -share, cause to be replaced to original, equal or better
condition any existing pavement, regulatory signs, and other similar items damaged
as a result of the contractor's operation, except as hereafter stated as obligations of
the State.
13. During design and construction of the project, be responsible for payment of all
invoices for work performed on the project. The Sponsor will provide monthly
invoices, and proof of payment of same, to the State for reimbursement of the
federal -aid share, up to the federal -aid limit noted in Section I, Paragraph 4 above.
14. Maintain all project records, including source documentation for all expenditures
for a period of three (3) years from the date of final acceptance. Provide the State
an electronic copy of these documents and records upon completion of the project.
If any litigation, claim, negotiation, or audit has been started before expiration of
the three-year period, the records shall be retained until completion of the action
and resolution of all issues that arise from it.
15. Maintain the project upon completion to the satisfaction of the State. Such
maintenance includes, but is not limited to, preservation of the building and
landscape as is necessary for safe and efficient utilization in accordance with
approved agreement with State, Federal, and Local preservation entities.
16. Comply with Exhibit B attached hereto and made a part hereof. By this agreement
Sponsor agrees to comply with and be bound to the Civil Rights provisions of Title
VI of the Federal Code and to generally insert those provisions in all contracts that
it enters into that are federally funded on this project. If property acquired for this
project with Federal financial assistance is transferred, the recipient of the property
will be subject to Exhibit B if the property is used for the same propose it was
originally acquired or for another purpose involving similar services or benefits to
the general public. Sponsor should contact the State prior to disposing of any
property acquired under this agreement.
17. Comply with all other applicable State and Federal regulations.
18. To the extent permitted by Idaho law and as provided by the Idaho Tort Claims Act,
indemnify, save harmless the State, regardless of outcome, from the expenses of
and against suits, actions, claims or losses of every kind, nature and description,
including costs, expenses and attorney fees that may be incurred by reason of any
act or omission, neglect or misconduct of the Sponsor or its consultant in the design,
construction and maintenance of the work which is the subject of this Agreement,
or Sponsor's failure to comply with any state or federal statute, law, regulation or
rule. Nothing contained herein shall be deemed to constitute a waiver of the State's
sovereign immunity, which immunity is hereby expressly reserved.
TAP State/Local Agreement
Chubbuck Canal Trail
Key No. 23906
Page 4
SECTION III: That the State shall:
1. Enter into an Agreement with the Federal Highway Administration covering the
federal government's pro rata share of design and construction costs, up to a
maximum of the federal -aid limit noted in Section I, Paragraph 4 above.
2. Assist in the selection of a Consultant, negotiate, and furnish the Agreement for
Consultant Services and any supplements thereto, to be used between the Sponsor
and Consultant on this project.
3. Review and approve the project plans and specifications.
4. Authorize the Sponsor to administer the project and make any necessary changes
and decisions within the general scope of the plans and specifications.
5. Appoint the Local Highway Technical Assistance Council (LFITAC) as the
contract administrator for the State.
6. Designate a resident engineer and other personnel, as the State deems necessary, to
supervise construction in accordance with the plans, specifications and estimates in
the manner required by applicable state and federal regulations. Review for
approval all major change orders submitted by the Sponsor, and conduct a final
inspection of the project when completed.
Upon receipt of monthly invoices from the Sponsor, submit same to the Federal
Highway Administration for reimbursement at the federal -aid participation rate of
92.66%, up to a maximum of the federal -aid limit noted in Section I, Paragraph 4
above.
8. Maintain complete accounts of all project funds received and disbursed, which
accounting will determine the final project costs.
9. Cooperate with the Sponsor in selection and designation of suitable construction
traffic control during project construction.
10. Designate an authorized representative to act on the State's behalf. That authorized
representative's name is
SECTION IV. Both Parties agree as follows:
Phone No.
1. Federal participation is contingent upon ultimate completion of the project. If for
any reason the project is removed from the program without being completed, then
the Sponsor shall be responsible for One Hundred Percent (100%) of all project
costs, and shall pay back to the State all costs previously reimbursed. If the
TAP State/Local Agreement
Chubbuck Canal Trail
Key No. 23906
Page 5
Sponsor's deposit exceeds project costs, then the State shall return the unspent
balance to the Sponsor.
2. Sufficient Appropriation. It is understood and agreed that the State is a
governmental agency, and this Agreement shall in no way be construed so as to
bind or obligate the State beyond the term of any particular appropriation of funds
by the Federal Government or the State Legislature as may exist from time to time,
The State reserves the right to terminate this Agreement if, in its sole judgment, the
Federal Government or the legislature of the State of Idaho fails, neglects or refuses
to appropriate sufficient funds as may be required for the State to continue
payments. Any such termination shall take effect immediately upon notice and be
otherwise effective as provided in this Agreement.
All information, regulatory and warning signs, pavement or other markings, traffic
signals required, the cost of which is not provided for in the plans and estimates,
must be erected at the sole expense of the Sponsor upon the completion of the
project.
4. The location, form and character of all signs, markings and signals installed on the
project, initially or in the future, shall be in conformity with the Manual of Uniform
Traffic Control Devices as adopted by the State.
This Agreement shall become effective on the first day mentioned above, and shall
remain in full force and effect until amended or replaced upon mutual consent of
the State and the Sponsor.
TAP State/Local Agreement
Chubbuck Canal Trail
Key No. 23906
Page 6
EXECUTION
This Agreement is executed for the State by its Division Administrator, and executed for
the Sponsor by the Mayor, attested to by the City Clerk, with the imprinted Corporate Seal of the
City of Chubbuck,
IDAHO TRANSPORTATION DEPARTMENT
Division Administrator
ATTEST: CITY OF CHUBBUCK
zC
Mayor
By regular/special meeting
on r+e Z I Zp Z 3
hm:23906 SLA TAP
TAP State/Local Agreement
Chubbuck Canal Trail
Key No. 23906
Page 7